Dear Friends,
Thank you for contacting my office during the 2010 Session of the Maryland General Assembly. I appreciate the time you took to let me know your views on issues that concerned you. I have taken these opinions into consideration and used them while deliberating.
This term I again served on the Transportation and the Environmental Subcommittee of the Appropriations Committee. I continue to serve on the Oversight Committee on Personnel, Oversight Committee on Pensions, Joint Committee for Audits, Joint Committee on Legislative Ethics, and Deputy Whip for the Republican Caucus. I want to thank all of you for the honor and the pleasure of allowing me to serve the residents of the 42nd District as well as our fellow Marylanders.
The 2010 Session has concluded with challenges still ahead of us. Over 2800 filed bills were heard in our committees and in the House Chamber. Due to the financial condition of the state, bills submitted with large fiscal notes were considered but not acted on because of the State’s current budget conditions. This Session the Appropriations Committee worked on ratifying the four Board of Public Works’ actions taken during this year’s unprecedented downturn in our economy. The Board of Public Works had cut over $700 million from the State’s $32 billion dollar budget. Even with the $2 billion dollars in Federal Assistance through the ARRA funds, the Government could not collect enough revenues to keep pace with spending.
SB 140 – The Budget Bill for Fiscal Year 2011
After 11 weeks of extensive debate over the Budget Bill, SB140, 76 committee amendments were adopted, reducing the Governors Budget by $12 Million. Just days after the Budget was presented to the Floor of the House Chamber, the Governor took that $12 million and spent those funds on other programs in a Supplemental Budget. The Conference Committee Report was submitted two days before the Session ended which increased the Budget by $16 million over what the Governor submitted. Here in lies the challenge, revenues are projected to be less and our spending continues to climb. This is the third year that State employees have been furloughed; there were no raises or cost of living adjustments.
New programs were created, projects for construction were supported and five pages of transfers from every account that the Governor could sweep from was swept. See the “Budget Reconciliation and Financing Act of 2010 (SB 141/HB 151) Budget Summary, Provisions, and Recommendations March 2010,” (http://mlis.state.md.us/2010rs/misc/BRFAof2010.pdf) pages 6, 7, 8, and 9 for all the transfers made to the General Fund. Some of these transfers are constitutionally questionable, such as the Comptroller’s account that receives local taxes for $350 million and $20 million from an account that the Maryland Automobile Insurance Fund holds in reserves. It is still unclear if the State will receive the $380 million from the Federal Government. There lacks any extra cushion, which may result in further action by the Board of Public Works. The General Assembly must present a balanced budget and understand the financial forecast to prepare for its duty for fiscal responsibility.
The Minority Party offered more than $850 million in suggested cuts with the help of the Department of Legislative Services. Just a few of these suggestions were implemented, such as reducing the work force by 500 positions. It sounds harsh until you understand that about 1,000 people a year leave state service through retirements or attrition each year. Much more could have been accomplished to protect the pressures for increased revenues from our citizens. Even though this is an election year, it is irresponsible to put off changes that could provide protection from greater fees and taxes.
Capital Budget
The Capital Budget is used to pay for road projects, construction of prisons, state buildings, school construction and land purchases. The State depends on a portion of the property tax to repay the interest and principle on bonds that finance capital projects. The State has reached the debt limit and the capital budget should be adjusted to reflect the current economic conditions. State policy contains provisions that limit the amount of tax supported debt to be no more than 8% of State revenues and 4% of personal income. Over the past 18 months, the State has experienced declining revenues and has increased the debt limit to $1.14 billion in new State debt. I believe it should have been reduced to $990 million, and follow the recommendation that the Capital Debt Affordability Committee suggested in October. I offered a detailed amendment to reduce the debt outstanding to $990 million, cutting $150 million from projects that have not started and could be postponed for a year. The concern is that the debt service costs could outstrip the current revenue stream, thus relying on General Funds to supplement those payments.
Pensions
I serve on the Joint Committee on Pensions and have found it frustrating, due to inaction, to deal with our growing, unsustainable liability. Over the last few years the Administration has not funded any portion of the pension system. The Maryland State Retirement and Pension System have an unfunded liability of $17 billion. This session, I have joined several of my colleagues on a pension work group to examine the retirement systems and develop strategies to resolve the long- range, shortfall of the state pension system. The workgroup proposed that, initially, the General Assembly members would move from a defined benefit program to a defined contribution program. Ninety-five percent of the private sector that offers a pension system offers a defined contribution plan. This effort was not adopted but there was a comment that this issue will be studied by a workgroup over the interim.
Healthcare Freedom
The Federal Government recently passed a Health Care Reform Act which mandates each citizen to purchase health insurance. It is the first time in the history of America, Land of the Free, that a mandate of this magnitude has been forced on its citizens. Many Attorney Generals from various States have filed suits challenging the constitutionality of the mandate. It is unlikely that Maryland’s Attorney General will defend against this mandate and therefore we need to act through our federal representatives to retain the autonomy and level of healthcare we currently enjoy. I signed on to legislation that is similar to the efforts in Virginia that would safeguard Marylanders from this burdensome imposition. Unfortunately, the House Bill 603 – Healthcare Freedom Act was voted down in the Health and Government Operations Committee this session. I would have voted for the measure.
SB 279 Maryland False Health Claims Act of 2010
This bill deals with civil fraud in Medicaid cases. Many hours of discussion surrounded this bill due to some extreme actions. Maryland law presently requires that a case must prove that a defendant had a “specific intent to defraud” which is deleted from this bill. Maryland law requires that fraud be proved by “clear and convincing evidence”. The current standard is lowered by this bill to “preponderance of the evidence”. The current statute of limitation in Maryland for bringing a lawsuit is three years. This act will allow to “reach back” for ten years to bring a lawsuit. This bill also contains a provision called qui tam, which would enable whistleblowers to file civil fraud law suits in the name of the state, to claim a bounty from any proceeds recovered for the State, in such action, and to recover attorney fees and expenses from the defendant. This bill also has a provision that allows for treble damages to be collected. I did not vote or support this bill.
Cell Phones
Senate Bill 321 – The Delegate John Arnick Electronic Communications Traffic Safety Act of 2010 passed the House and Senate. This bill prohibits the driver of a school vehicle that is carrying passengers and is in motion from using a handheld telephone. The prohibition also applies to the holder of a learner’s instructional permit or provisional driver’s license who is age 18 or older. The driver of a motor vehicle that is in motion may not use a handheld telephone; instead, may only use his/her hands to initiate or terminate a wireless telephone call or to turn the handheld telephone on or off. The hands free technology is allowable, i.e., Bluetooth, etc. These prohibitions do not apply to the emergency use of a handheld telephone, including calls to a 9-1-1 system, hospital, ambulance service provider, fire department, law enforcement agency, or first- aid squad.
The offense is enforceable as a secondary action only. For a first offense, the violator is subject to a maximum fine of $40 and points may not be assessed against the driver’s license unless the offense contributes to an accident. The court is authorized to waive the fine for a first-time conviction if the person proves that he/she has acquired a hands-free accessory, attachment, add-on, or built-in feature for the handheld telephone that will allow the person to operate a motor vehicle in compliance with the bill’s provisions. For a second or subsequent offense, the fine is $100. I voted for this bill.
Insurance
House Bill 825 – Vehicle Laws – Required Security – Minimum Amounts passed both the House and Senate. This bill increases the minimum security required on a motor vehicle liability insurance policy for bodily injury or death of a single individual from $20,000 to $30,000, and for more than one individual from $40,000 to $60,000. The bill takes effect January 1, 2011, and applies to all vehicle liability insurance policies issued, delivered, or renewed in the State on or after that date. The Governor said that he will sign the bill into law. I voted against this bill in the Appropriations Committee and on the House floor because to increase your car insurance payments when families are struggling is the wrong thing to do. I feel that many motorists may decide to drive without insurance at all.
Sex Offender Legislation
In my legislative wrap-ups dated March 19, 2010 I outlined six bills dealing with sexual predators. Below is an update synopsis of those bills:
- House Bill 254 – Jessica’s Law Expansion – Requires a 15 year mandatory minimum with no parole for 2nd degree sexual offense (rape of a child). This passed the House floor 136-0 and the Senate floor 44-0.
- House Bill 289 – Prohibiting good time credits for child sex offenders. These credits would otherwise shorten time served. This applies to first and second degree sexual offenses with children less than 16 years of age. This passed the House floor 137-0 and the Senate floor 45-0.
- House Bill 473 – Requiring lifetime supervision for the most violent and repeat sex offenders after they have served their sentences. This passed the House floor 137-0 and the Senate floor 45-0.
- House Bill 599 – Similar to HB 289, but applying to repeat offenders who have committed third degree sexual contact with children less than 16 years of age. This passed the House floor 136-0.
- House Bill 931 – Add members to the Sexual Offender Advisory Board that was created in 2006 but never met. This passed the House floor 137-0 and the Senate 46-0.
- House Bill 936 – Includes additional crimes for which offenders must register for the sex offender registry list and includes provisions for homeless people who currently list no fixed address. This sets up tiers of offenses that would standardize the way they are supervised in the community and described in the registry. This passed the House floor 138-0 and Senate floor 45-1, but went to Conference Committee to work out the differences.
- House Bill 1046 – Provides for use of RAP sheets for use by judges in pretrial release determination. This passed the House floor 136-0 and the Senate floor 46-0.
House Bills that I sponsored
House Bill 973 – Public Schools – Maryland Youth Crisis Hotline – Distribution of Information
This bill requires each local board of education to provide each student in grades 6 through 12 with the telephone number of the Maryland Youth Crisis Hotline by: (1) printing the number prominently in the school handbook; and (2) printing the telephone number on a student’s school identification card, if provided. A local board of education is not required to reprint or reissue school handbooks or student school identification cards in use on July 1, 2010, in order to comply with the bill. This bill passed both House and Senate and now awaits the Governor’s signature.
House Bill 1273 – State Government – Employees – Suicide Awareness and Prevention Program
This bill specifies that the Department of Budget and Management (DBM) must declare one week each year to be Suicide Awareness and Prevention Week. During this week DBM must electronically transmit information to the head of each principal unit related to the following topics: (1) the warning signs of suicide; (2) methods to respond to threats of suicide; (3) available resources for those who suffer from depression and other mental health conditions; and (4) contact information for and a description of the Maryland Crisis Hotline. Each agency head must forward the information to State employees in the principal unit. This passed the House and Senate but did not crossover in time before session ended at midnight.
House Bill 1496 – Baltimore County – Alcoholic Beverages – Tasting Licenses – Fees
This bill authorizes the Baltimore County Board of License Commissioners to issue a Class BWT beer and light wine tasting or a Class BWLT beer, wine, and liquor tasting license for a 104-day period which may be used consecutively or nonconsecutively. The annual fee is $400. This bill passed both the House and Senate and now awaits the Governor’s signature.
Delegates Aumann and Frank Scholarships
You may have heard that there was a lively debate on the House and Senate floors to either eliminate the delegate/senatorial scholarship or to transfer the $11.5 million to the Maryland Higher Education Commission. After much debate the House and Senate decided to keep the funds in the delegate/senatorial scholarship programs. We will continue to offer this scholarship to students who reside in the 42nd district and who will be attending a college, university or private career school in Maryland. The only exception is for students in the 42nd District who qualify for a “unique major” from the Maryland Higher Education Commission. The awardees are notified in May. If you would like to apply please contact my office either by email (
Susan.Aumann@house.state.md.us) or telephone (410-841-3258).
Visits to Annapolis
During the 2010 session Towson High School’s Law and Policy Class and residents from District 42 visited the General Assembly. If you or your group would like to visit our state government in action please contact our office and we can set up a tour of the State House and our government buildings.
Again, I want to thank you for the privilege of allowing me to represent you. The experience has been rewarding and humbling and I look forward to serving you in the interim. During the session I send, via email, a weekly update to keep you informed of pending legislation and highlights of the week’s General Assembly’s agenda. If you would like to be included in next year’s legislative updates, please call my office at 410-841-3258 or send me an email at
susan.aumann@house.state.md.us.
Kindest regards.
Very truly yours,
Susan L.M. Aumann
Delegate Susan L.M. Aumann
District 42 – Baltimore County
303 Lowe House Office Building
Annapolis, MD 21401
410-841-3258; FAX 410-841-3163
susan.aumann@house.state.md.us
Entries (RSS)